KARACHI: Customs Court Judge Syed Faiz Rasool Rashdi directed parties to submit comments on a petition filed by Zeeshan son of Yousaf and Kashif Hussain son of Kazim Hussain, director/head of sales department south region of M/s Digicom Trading Pvt Ltd for acquittal under section 265-K. They were booked in a case of attempting to smuggle assorted (Q-Mobile) mobile phones and other goods in the garb of LED lights (bulbs).
On Monday, counsel for the petitioner argued that as soon as the undersigned/accused persons came to know regarding frustrated cargo, they approached the supplier based at Dubai regarding the wrong shipment of mobile phone instead of LED lights and the supplier vide letter dated 02/11/2017 apologized for this blunder and assured the undersigned that it will not happen again and accepted his guilt.
He argued that law does not stipulate that the this court must record all evidence before it can justifiably exercise necessary for the court is that its final order must be based upon material available on the record, usually the order of acquittal is passed after some evidence is recorded but situation can arise when, on the given admitted facts no further evidence would be needed and the case could be decided expeditiously on the material available on record, in such an eventuality the need to record evidence is obviated.
He further argued that it is most humbly submitted on behalf of petitioners and on the basis of facts and grounds that court may be pleased to acquit the petitioners as there is no probability and possibility of conviction of the accused.
After the hearing, court directed both parties to complete their arguments on next date of hearing. The court also issued non-bailable warrants against the absconding suspects.
According to the interim charge sheet, on a credible information, Anti-Smuggling Organization (HQ0 MCC (P) Karachi raided at Sadder Central Plaza, Karachi and found that one container no-KKFU-72555703 loaded on a trawler noTLT-374 was parked there, search was carried out accordingly in presence of two musheers which revealed the presence of huge quantity of mobile phones stuffed in the aforesaid container.
Court was informed that subsequently the said container loaded on the vehicle was brought at ASO/HQ, thorough search was conducted in presence of said musheers, resultantly recovered 27200 Q-Mobile Phones, 35790 other assorted brands and models mobile phones, 531 Amazon Tablets which were smuggled by the suspect in the garb of LED Lights. Tentative value of the smuggled goods is Rs 284,470,000 and suspect evaded the duty and taxes in the tune of Rs103,702,340 approximately. Investigation officer further informed the court that no suspect was arrested yet, however, they are trying their best to arrest them.
